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Quiet Title Action Process

Quiet title action is a lawsuit that has been filed to determine the rightful owner of real property. The goal of such an action is to prevent further claim to property from the respondent in the case. Because real estate may change owners so often, often times it is hard to know who actually holds title to the property. This is where the court steps in to determine rightful ownership. Take a look at the quiet title questions below that have been answered by Experts.

How do I do a quiet title suit in Cherokee County, Oklahoma on my own?

Taking on a quiet title suit is a big responsibility for anyone. You need to be sure to name everyone involved and have them served notice of the suit. You need to be very careful and diligent about every step that is taken. Making a mistake could put your title in jeopardy. You may want to seek the assistance of an attorney before proceeding.

However, if you feel comfortable approaching this task pro se, you have every right to do so. So, first thing you will need to do is draft a complaint. You won't find a form for this action because there isn't one. You will have to draw up your own form.

Once you have drafted the complaint, you will need to file with the clerk's office and request service to the parties involved by certified mail. The involved parties will then have 20-30 days to give a response to the notice. Once the Defendants have answered, the court date will set through the court.

Does a Decree of Quiet Title void or extinguish the underlying deed of trust?

Usually, a decree will trump any previous deed as far as ownership is concerned and it will state the changes to the title. This doesn't mean the court's order will void the Deed of trust unless it specifically states so. However the order would over ride the previous deed.

What does it mean if an individual filed a quite title suit on property and the bankruptcy trustee of the people who used to own the property filed a “Suggestion of Bankruptcy” stating “take notice” of the bankruptcy?

This means that the property was released to the lender during the bankruptcy. You need to search for the lender to determine if they are the legal owner of the property. The person who filed for bankruptcy will be the person who released the property back to the lender. If you filed the quiet title suit against the wrong person, you will have to amend the suit and file against the current owner of the property. The paperwork you received is simply stating that you filed suit on the wrong party.

How does a quiet title work?

A quiet title occurs when there are discrepancies on the title or doubt about the ownership of the property. The case will be heard by a judge, who then decides who actually owns the real estate and determines if there is a valid lien on the property or if the lien should be voided. Once this has been decided, the judge will issue the correct order. The quiet title usually initiated when someone is seeking a clear title to real estate.

When people are disputes about the ownership of real estate, a quiet title claim is filed. While many people attempt to file this type of suit on their own (pro se) others choose to seek legal assistance. If you are facing a similar situation and need to file a quiet title claim, you should ask an Expert for legal assistance.

Published on: August 24, 2013

Recent Quiet Title Questions

This is a followup quest to the same question I asked. Did I make myself clear the fiirst tme? AB purchased a piece of real estate in 1996 and titled it in the register of deeds offce AB, trustee,for the CD trust u/t/a dated SAME day as purchase. AB nowwants to sell the property. (AB's representative says it is a revocable trust. AB has RECENTLY given his power of attorney to his second wife because he has developed dementia) However, noone can locate a signed copy of that trust. "They" admit that thereprobably isn't one. AB's representatves forwarded a rough DRAFT of a revocable trust agreement dated that same day (no signature, wtness, etc. blank,...whch would have been a BROAD revocable trust...However, (I am CD)...Since a trust with real estate mustbe in writing and I assume executed properly in SC), I, as sole benefiiciary, believe that (1) it is not a valid trust, or (2) the titling of the deed as such creates the the trust and under the UTC which took effect in January 2014, if a trust made before2006 does not declare it revocable, it becomes irrevocable.. I am sure a lawyer faxed the draft (it has scratched out places) to AB, but am equally sure that AB did not execute it on purpose. AB is my exhusband!..By havng that rough draft, he thinks he hasleft it so in the future he could act which ever way he chose. Irrevocable if the tax advantages mean a lot to avoid probate, or revocable if he chooses, as he has now, to sell it. He is quite wealthy and I know the way he works!...It has been "mine" for 18years and has been mantained for my benefit all along. (It was a gift and not at all part of my divorce) I was told it was a life estate and would go to the children when I die. his attorney has told his property manager that they can sell it while it is stillin this "trust".. Is it a valid trust at this point? If not, does the property belong to him (AB) or might a court find that it would go to the intended benefciary, CD, me.... Short of filng a quiet the title suit...and would that do any good anyway underthese circumstances? Anything else I could do? thank you..."CD"

TRUSTS: Person AB is settlor (purchaser) of real property. Person AB records the title at that time as,"AB, trustee of the CD trust/ u/t/a/ agreement dated 00/00/0000". If there is no other written and signed document regarding this trust itself. ( the property has consistenty remained titled since way before 2006) Many years later, (1) is this a legal writing of a trust? (2) who owns the real property in 2015 in a state where changes in the trust law amended (Jan 2014) to make a trust (with no signed document declaring them revocable) irrevocable? (3) Is it now for the benefit of "CD" the sole beneficary irrevocably , or does it belong to the trustee/settlor ("AB")? (4) ie: Was taking possession and recording title as above enough of a "valid writing" to be a valid trust? If not...who has rights to the property now, AB or CD?

I "inherited" a house when my grandma passed away. At one point, my ex-stepmother had a Life Estate interest in the house but she signed it away to the estate because she has not lived there over 10 years and never contributed a dime to the upkeep or taxes or anything. Now we went to do the title search so I can try to sell and found out that there are 3 judgements from credit card companies against her against the title. Can I do anything (besides pay them which I cannot do) to have those removed. Is there any paperwork I can file, ask her to file bankruptcy, etc. She is now on disability and lives in subsidized housing so is not going to pay and has nothing to give them. It is a big mess and I am stuck figuring it out

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